Everything Counts

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You may be ready to secure a detailed workplace policy, or you might just need to help out one member facing discrimination. it’s time to roll up your sleeves and do what you can, says Jeffrey Akers

HIV knows no barriers. It is people’s behaviour that puts them at risk from infection, not their race, sexual orientation or beliefs. You might have heard this advice a hundred times before and still wondered what it has to do with your union.
Well, unions are in a unique position to try to influence the behaviour of their members at work. And they are also in a unique position to offer support to those already affected by HIV.

Whether you are in a region with high prevalence or somewhere with relatively few cases of infection, you are likely to have members who have HIV and need your help.

WORKPLACE POLICY

If it is possible to secure one, an effective HIV policy is one of the most important tools you can use to support people living with HIV in the workplace. It does not have to be long and complicated. In fact keeping it short and concise will probably make it more accessible.

If a policy is in place before you need it, you will be in a strong position to support any of your members affected by HIV. They may also feel better able to approach you and discuss their HIV status if they know a policy exists.

What is most important is that you have a clear statement of intent that commits the employer to supporting HIV positive staff.

Whether you have a separate policy, or include it as part of other policy documents, there are some key elements you should include:

• Recognition of the need for complete confidentiality or privacy should an employee disclose their HIV status.

• A commitment to non-discrimination on the grounds of someone’s actual or perceived HIV status.

Your policy should expressly prohibit mandatory HIV testing.

It should also expressly prohibit unnecessary or intrusive questions relating to HIV or any other medical condition on application forms, medical questionnaires or at job interviews.

The policy should recognise the potential need for reasonable adjustments to be made (such as flexible working hours for hospital appointments) as and when they become necessary.

The policy should make a commitment to raising awareness of the facts about HIV, including educational material and information about HIV transmission and universal medical precautions.

One of the most important things you can do as a trade unionist is to ensure that you and the workforce you represent get access to clear information about HIV. This will protect workers from infection by helping them to understand how the disease is transmitted, and dispelling many of the myths that surround it.

Bars, brothels and sex workers can normally be found close to places where lorry drivers, aviation workers or seafarers may find themselves staying while away from home – whether at truck stops, in hostels, near hotels or in port towns.

These workers may feel that they lack information about HIV and how it can be transmitted. Also they might not be able to reach a clinic or hospital that deals with HIV or has access to drugs.

Lack of education and awareness about HIV is often the cause of the stigma associated with it, and this in turn leads unnecessarily to discrimination and harassment as well as to loss of employment for so many of those diagnosed with HIV.

But even if your union is not yet ready to roll out an education or information programme, or to secure protection and support for all affected members through a workplace policy, there are many ways you can help individual members with HIV.

Assisting unions in the workplace

I was diagnosed with HIV in 1994 and am a volunteer for the UK Coalition of People Living with HIV & AIDS (UKC). I am also a member of the board of directors as the volunteer representative and I am part of the employers’ trade union development and diversity team (having also been a trade union activist during my previous career in the civil service).

One of our roles is to raise awareness around HIV through our Ensuring Positive Futures Programme, which is funded through the European Social Fund. We provide training within the workplace in the UK, and work with trade unions, businesses and government bodies to support people living with HIV at work.

Check out the information below and our website at www.w-pf.org.uk ,where you will find a whole range of advice and down-loadable resources for trade unions. Though these were written with British employment law in mind, they are easily adapted to suit any national situation.

KEY TASKS FOR TRADE UNION REPS • Make sure that your employer is committed to equal treatment for people with HIV • Ensure that staff are provided with adequate training and information on HIV issues and that your members are aware of this • Actively promote your commitment, as a branch or national union, to supporting any members facing discrimination or harassment • Re-examine existing policies or agreements to ensure they reflect the needs of people affected by HIV		CONFIDENTIALITY IS CRUCIAL If a member has disclosed their HIV status, you should assure them that you will not discuss this information with anyone else without their express permission. Most of the time, there is no reason why an employer should have to be informed. If, however, an employer is informed of someone’s HIV status, that information must be kept in confidence. Access to that information should be limited to personnel or occupational health departments. If one of your members is considering disclosing their status it’s probably worth discussing the advantages and disadvantages with them – you may need to get professional advice, from your union national office or a suitable NGO. Remember that if an employer breaks this confidentiality, they may be in breach of national law (such as the Data Protection Act in the UK). In the UK employers do not have the right to know the results of medical examinations – check the legal situation in your country. If an employer requests a medical report, then in most cases all they need to know is whether the employee is fit to work. Under the UK Access to Medical Reports Act 1988, an employer must obtain written consent from an employee before applying to the employee’s doctor for a medical report. An employee has the right to view this report before it is passed to the employer. They also have the right to request amendments to the report. Most of the time there is no reason to mention HIV. The only exceptions to this are in certain fields of medicine.
DEALING WITH HARASSMENT AND DISCRIMINATION As a trade union rep you may be called upon to support a member who has been discriminated against because they are living with HIV. For example, someone might be overlooked for promotion because they are HIV positive. Or an employer might make incorrect assumptions about how HIV is transmitted and not allow your member to use certain company facilities such as the staff kitchen. This sort of situation can be extremely stressful and, if not dealt with quickly and effectively, it may have a detrimental effect on the health and well-being of the member you represent. If a member is being harassed because of actual or perceived HIV status, you should respond immediately and demand that disciplinary action is taken. This behaviour may be deemed a criminal offence – you need to check the position in your country. Even in the absence of a workplace policy, your member might be classed as disabled by your national law and thus entitled to protection under a disability discrimination or similar law. Educational programmes and awareness training can help prevent harassment from becoming an issue.

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